Operatunity Travel Terms & Conditions
Please see below our full Travel Terms and Conditions.
1. DEFINITIONS
1.1 In these terms and conditions the following words are defined words:
(a) Add-on Items means any activities, excursions, tours or anything similar in nature which are not provided by us directly before, during or after the Trip but which can be or are arranged by us in accordance with these Terms;
(b) Administration Fee means the sum of $500.00 as at the date publication of these Terms, and is subject to change without notice;
(c) Booking means the booking for Services including Trip made by you or on your behalf by submitting the Booking Form (including online, electronic or paper form), and includes reference to Booking Form as the context requires;
(d) Booking Form means the form which records the Booking which may be completed online, in electronic form or in printed hard copy (which may have these Terms annexed to it);
(e) CGA means the Consumer Guarantees Act 1993 and its amendments;
(f) Deposit means the deposit required by us under these Terms and/or Itinerary Brochure (if any) and includes Initial Deposit and Second Deposit;
(g) Force Majeure has the meaning given to it in clauses 6.1and 6.2;
(h) Guest, you or your means the purchaser of any Services from us, and includes any family member or carer participating in the Trip pursuant to clause 9.7;
(i) Itinerary Brochure means the document (including digital flipbook, downloadable pdf copy and webpage itself but excluding any printed promotional materials) which outlines the itinerary and the Price for the relevant Trip which is available on the Website and is subject to change without notice;
(j) Price means the price for the Services which is payable by you as agreed between us and you in accordance with these Terms;
(k) Services means provision of Trip generally in accordance with the Booking and/or Itinerary Brochure which are subject to change, and includes where applicable arranging booking for Add-on Items at your request and cost;
(l) Surcharge means fuel surcharges, security surcharges or fluctuations in foreign currency relevant to the Trip or similar incidental surcharges that may be imposed on it;
(m) Terms means these terms and conditions;
(n) Trip means the escorted group tour or tours more particularly described in the relevant Itinerary Brochure for the trip or trips referred in the Booking Form, but excluding any Add-on Items;
(o) We, us, our, or Company means Operatunity Limited; and
(p) Website means our website which can be found or accessed at www.operatunity.co.nz.
2. CONTRACT
2.1 These Terms form a contract that applies between us and you in respect of the Services supplied or provided by us to you.
2.2 We are an independent provider of Services and any Booking must only be made directly with our office including on the Website.
2.3 By either submitting a completed Booking Form and/or paying any Deposit (including part or instalment) you agree to and are deemed to immediately accept the Terms.
2.4 From time to time, we may issue updated Terms which shall be effective from the date they are made available on the Website or advised to you otherwise (whichever is the earlier). Any Booking made after that date shall be governed by the updated Terms.
2.5 Unless otherwise expressly agreed in writing by us, these Terms, together with the Booking Form and the Itinerary Brochure (if any), express the entire understanding and agreement between you and us.
2.6 Subject to clause 2.7, if there are any inconsistencies or discrepancies between the Booking Form, the Itinerary Brochure and these Terms then, and unless specified otherwise the Booking Form shall prevail over the others, and the Itinerary Brochure (if any) shall prevail over these Terms.
2.7 Subject to any change in Price under these Terms including under clause 3, if there are any inconsistencies or discrepancies regarding the Price between any printed materials, digital flipbook available in the Website (including on ISSUU flipbook), and the webpage describing the Trip on the relevant page in the Website then the Price recorded on the relevant webpage in the Website shall prevail.
3. PRICE AND PAYMENT
3.1 Price appearing on the Itinerary Brochure is correct at the date of publication and is subject to change without notice until the Price is paid in full. We expressly reserve the right to change the Price before we receive the Price in full, including imposing or passing through any Surcharge.
3.2 If we change the Price under clause 3.1 and if the Price change is not caused by an increase in any Surcharge then you have the right to cancel the Booking without paying an AdministrationFee by giving written notice to us within 7 days of the Price increase. If you do not cancel the Booking within this timeframe then you are deemed to have accepted the increased Price and must pay the amount of the increase in the Price before the due date for the payment of the (balance of the) Price.
3.3 You must pay the Price (including the Deposit) on its due date(s)which is recorded in the Itinerary Brochure. Any additional or other payments required from you which are not included in the Price must be paid immediately on our demand. Unless specified otherwise on the Itinerary Brochure the Deposit must be paid on the date of submission of the Booking Form.
3.4 You must pay all charges including credit card surcharge incurred by us in receiving your payment. Payment by direct credit incurs no surcharge. The current surcharge on credit card payment as at the date of publication of these Terms is 1.5%.
3.5 If you do not pay the Price and any amounts payable by you in full and in accordance with these Terms then we may cancel the Booking. If we cancel any Booking under this clause then we may charge and deduct an Administration Fee for each Booking before refunding the balance of the Deposit (if any) to you.
4. TRIP
4.1 Unless specified otherwise on the Itinerary Brochure, or agreed by us in writing:
(a) The Price is in New Zealand dollars and on the basis of per person departing from the starting point for the Trip;
(b) Airline flights are in economy class and any upgrades to the class of flights (if offered for the Trip or in the Booking) are subject to availability and will incur additional costs which are payable by you;
(c) Transport to and from the starting point for the Trip or your accommodation prior to or after the Trip are not included in the Booking or the Trip and you must arrange your own transport as required at your cost, and we may be able to assist with such transport or accommodation if requested by you and will incur additional cost which is payable by you and subject to availability;
(d) All accommodation is based on two guests sharing the accommodation (twin share).
4.2 If you are travelling alone you may have to pay a single supplement or be matched up with another traveller, otherwise you may not be able to book or join a Trip. Single supplement may not always be available, and may be arranged if requested by you but not guaranteed. If you are travelling alone and wish to be matched up, then we may be able to match you up with another person of the same gender however, you do so at your sole risk and we make no representation as to the person you are matched with including that person's suitability and temperament. Unsuitable match up is not a ground for cancellation, and we disclaim any liability arising from any match up made at your request or with your agreement.
4.3 The starting point of a Trip is recorded in the Itinerary Brochure, and if it is not recorded in the Itinerary Brochure then it shall be Auckland.
4.4 Each Trip may have a maximum and/or a minimum limit as to the number of guests permitted and/or required on a trip. Our receipt or acceptance of the Booking Form and/or Deposit does not guarantee a place on the relevant Trip nor guarantee that the Trip will proceed. Should the maximum and/or minimum number of guests not be satisfied, we may cancel your Booking. If we cancel the Booking under this clause then we will refund your Deposit in full.
4.5 Final itinerary (and flight tickets, if applicable) may not be issued until approximately 2 weeks prior to the commencement of the Trip and in any event only after our receipt of the Price and any other amounts payable by you in full. You must read and check the final itinerary (and flight tickets, if applicable) for accuracy as soon as you receive it and notify any errors to us immediately. We do not take responsibility and are not liable for any losses arising from any errors which ought to have been discovered by you upon your receipt and reading of the final itinerary (and flight tickets, if applicable).
4.6 The Trip is escorted by our staff (including employee and contractor) unless specified otherwise in the Itinerary Brochure. These escorts are not licensed tour guides and cannot provide tour guide services. We hire local tour guides to enhance your experience from time to time and as required. You agree to comply with any reasonable requests and directions given by the escorts.
4.7 You acknowledge that attractions, accommodations, facilities and similar may not always be available due to factors outside of our control including but not limited to public holidays, closures due to special events or maintenance and no compensation will be payable by us due to the unavailability of such. Where possible and reasonably attainable, suitable alternatives may be offered.
4.8 We reserve the right, prior to the commencement of and during the Trip, to accept, reject or expel any person as a participant in a Trip and to make changes in the itinerary whenever we deem it necessary (at our sole and absolute discretion) for the comfort, enjoyment, convenience or safety of the participants.
4.9 If you are unable to continue to participate in a Trip (other than through our fault) then you are responsible for returning to New Zealand (or your final destination, as the case may be) on your own and at your own cost and you are not entitled to any compensation or refund.
5. CANCELLATION
5.1 Subject to clause 5.3, you may cancel your Booking within 21 days of the date of your submission of the Booking Form but before the due date for payment of the final balance of the Price. If you cancel under this clause any Deposit paid by you will be refunded in full.
5.2 Subject to clause 5.3, you may cancel your Booking after 21 days of the date of your submission of the Booking Form but before the due date for payment of the final balance of the Price. If you cancel under this clause any Deposit paid by you will be refunded after deduction of all costs incurred by us and anAdministration Fee for each Booking.
5.3 You may not cancel your Booking after the due date for payment of the final balance of the Price, and the full Price must be paid by you.
5.4 A change to name or departure date (including on a flight ticket) may incur additional charges including an Administration Fee for each change which are payable by you, and we reserve the right to cancel your Booking if the change of name or departure cannot be accommodated by our supplier or us. If we cancel under this clause any Deposit (or Price as the case may be) paid by you will be refunded after deduction of all costs incurred by us and an Administration Fee for each Booking.
5.5 We may cancel your Booking and/or Trip if you are in breach of these Terms including under clauses 8.1, 8.2, 9.4 and 11.2. You are not entitled to any refund of the Price (including any Deposit paid) if we cancel the Booking under this clause.
5.6 We may cancel any Booking and/or Trip in the event of Force Majeure.
5.7 Subject to clause 5.6, once a Trip has commenced you may not cancel the Booking under any circumstances and no refunds shall be made for any unused portion of the Trip or Booking.
6. FORCE MAJEURE
6.1 Any event outside our reasonable control including (but not limited to) acts of God, epidemic, disruption to an emergency service, declared or undeclared war, fire, flood, storm, slide, earthquake, hurricanes, cyclones, riot, lock down, power failure, industrial action, defaults of manufacturers and suppliers, the inability to obtain and/or source services required to provide the Services and/or Trip (including without limitation equipment, accommodation or facilities)that are not caused by a failure to pay, labour disputes, theft, any criminal act or other similar events beyond our reasonable control that may prevent or delay our supply of the Services to you is considered to be Force Majeure.
6.2 We may change any itinerary of a Trip including cutting it short if such change is required or desirable in our reasonable opinion in order to keep you safe from harm, and in that case any such change will also be deemed to be a Force Majeure event.
6.3 If we cancel a Trip as a result of a Force Majeure Event:
(a) on or before the due date for payment of the final balance of the Price then any Deposit paid by you will be refunded in full minus any non- recoverable third party costs;
(b) after the due date for payment of the final balance of the Price but before the date of commencement of the Trip then, we will provide a travel credit to the value of the Price (paid by you and received by us to the date of cancellation) less any third-party costs incurred by us and the Administration Fee. All travel credits issued to you under this clause will be valid for 24 months from date of issue, after which date they will expire and cannot be used;
(c) after the date of commencement of the Trip then you are not entitled to any refund of the Price (including the Deposit), however we may at our sole and absolute discretion offer alternative arrangements to the same value and/or experience where possible.
6.4 Other than a refund or travel credit payable under clause 6.3 (if any), we shall not be liable for any claims resulting from our delay or failure in the performance of any obligation or the exercise of any right as a result of a Force Majeure event.
7. EXCLUSION
7.1 Any items not expressly recorded as being included in the Itinerary Brochure such as, but not limited to laundry, telephone, mini bar, alcohol, taxi/transport, additional sightseeing tours, guides, beverages and food or meals, optional excursions or inclusions are not included in the Booking or the Trip.
8. INSURANCE
8.1 You acknowledge that we recommended you to obtain a full and comprehensive health and travel insurance for all Trips, including domestic and international travel.
8.2 You must obtain at your cost your own health and travel insurance for all Trips involving international travel. You must provide us with the details (including the Policy number of the insurance and the emergency contact number of the insurance provider) and evidence of your health and travel insurance for the Trip no later than 3 weeks prior to the date of commencement of the Trip to our reasonable satisfaction. If you do not provide the details and/or evidence of such insurance then we may cancel your Booking at our sole and absolute discretion.
8.3 You acknowledge that we are not responsible for your insurance and any communication or dealings with your insurance provider.
9. HEALTH AND SAFETY
9.1 All Trips are designed for people with an ordinary level of fitness with no apparent or significant disabilities. The Trips may not be suitable for people on wheelchairs or with other mobility issues.
9.2 Notwithstanding anything to the contrary in these Terms, the Booking Form or the Itinerary Brochure, you acknowledge that any mobility criteria described in the Booking Form, any brochures or the Website are indication only, and you acknowledge that we recommended you to consult with your doctor and other health professionals to seek advice and obtain medical clearance prior to the Booking. We do not provide or arrange for any additional assistance for any person who desires or requires special assistance.
9.3 By submitting the Booking From, you warrant to us that you have read and understood these Terms, Itinerary Brochure and Booking Form and that you are sufficiently fit, independently mobile and healthy to undertake the Trip. You agree to indemnify us for any liability incurred by us in connection with or arising out of breach of your warranty (including the warranty under this clause 9.3).
9.4 You must notify us of any disability or medical conditions you have before the Booking (and if the disability or medical conditions arise after the Booking then immediately as they arise). We may require medical certificates from suitable medical practitioners before confirming your place in a Trip. We reserve the right to cancel your Booking and/or Trip if you fail to notify us as required under this clause.
9.5 We are not responsible for any damage, injury, death or loss of any kind resulting from your failure to comply with anything in this clause 9 (including the failure to notify us under clause 9.4).
9.6 We will provide you with our best care and attention but we do not employ medical professionals or carry medical devises including wheelchairs. In the unfortunate event where you are unable to continue the Trip, we are unable to stop the Trip to wait for your recovery. If you require medical assistance that will be at your own cost.
9.7 At your request, we may agree to your family member or carer participating in the Trip in order to provide care to you and on the basis that the family member or carer must also submit a Booking Form and pay the Price for the Trip and is responsible for your care.
10. WARRANTY AND LIABILITY
10.1 Nothing in these Terms excludes, limits, restricts or is intended to derogate from any right or remedy which you may have pursuant to the CGA if you are a consumer as defined in the CGA who purchases the Services for personal use. However the guarantees contained in the CGA are expressly excluded where you acquire the Services from us for commercial purposes.
10.2 Our liability under any statutory right or any condition or warranty, including any implied by the CGA, Fair Trading Act 1986, Sale of Goods Act 1908, Contract and Commercial Law Act 2017 or similar legislations or regulations is, to the maximum extent permitted by law, excluded or if not able to be excluded only apply to the minimum extent required by the relevant legislation.
10.3 To the maximum extent permitted by law we are not be liable to you whether in contract, tort, breach of statutory duty or otherwise for any consequential, indirect or special loss, damage or injury, or any delays in delivery, loss of enjoyment or profits, revenue, business opportunity, anticipated savings regardless of whether in the circumstances it is deemed direct, indirect, consequential or special losses.
10.4 If contrary to the disclaimer of liability contained in these Terms we are deemed liable to you, our maximum aggregate liability to you arising out of any claim for loss or damages however arising shall not exceed the lesser of: the Price (paid by you)or the value of the Services which are the subject of the claim.
10.5 We have no control over and are not liable for any losses suffered by you (including by cancellation, delay or denial of services) by our suppliers including carriers, hotels, restaurants or other independent suppliers. If any such services are cancelled, delayed or denied by our suppliers then we will endeavour to arrange alternative services at your cost and subject to availability.
10.6 We endeavour to exercise due care in all dealings with travel and arrangements pertaining to the Trip however we are not responsibility for damages to property or person whilst on the Trip nor for damage or loss of belongings, documents or personal effects.
10.7 Nothing in this clause 10 shall excuse payment of any amounts owing (or payable) by you to us under these Terms.
10.8 If you have a wish to bring a claim against us you must submit any such claim in writing to the director(s) of the Company at the earliest opportunity and in any event not later than 30 days after the relevant Trip or Services ends (whichever is the earlier). Time is of the essence and you may not bring any claim against us after that time period.
11. YOUR OTHER OBLIGATIONS
11.1 You must notify us of any medical, physical or other special requirements prior to the Booking and we will endeavour to deal with such requirements individually in light of any trip limitations. However we may refuse to provide you a place in a Trip or offer Services, and even if we permit you to participate in a Trip that does not derogate your responsibility and obligations and limitation of our liability under the Terms.
11.2 You must not commit an illegal act or cause nuisance during the Trip or use (or intend to use) the Trip for any illegal or improper purpose. Without limitation, consumption of excessive alcohol, being abusive or violent to other participants in a Trip, our staff including escorts and tour guides and members of the public are deemed to be nuisance for the purpose of this clause 11.2. We reserve the right to cancel your Booking if you commit an illegal act or cause nuisance or we have reasonable belief that you intend to commit an illegal act during the Trip or use the Trip for illegal or improper purpose.
11.3 It is your responsibility to ensure that that you are not disqualified or forbidden from entering and/or leaving any countries forming part of the itineraries for the Booking including holding and continuing to hold a valid visa (during the Trip, as applicable) and a valid passport which was used for Booking and does not expire earlier than at least 6 months beyond your intended return to New Zealand. We are not responsible for your inability to travel or continue to travel (including enter or leave any country) including due to invalid passport or visa or similar travel documents and/or medical or immunisation certificates.
11.4 You need to comply with all reasonable requests and directions given by us including the escorts and/or guides provided by us and as outlined in any itinerary, flight or other transport tickets. Being late to check in or departure time is a failure to comply with a direction. We are not responsible for any losses caused by your failure to comply with any such requests and directions.
11.5 You are responsible for your own belongings including to ensure your belonging are loaded and unloaded from the transport or accommodation. Whilst we may assist with your luggage to ensure it is loaded on a chartered bus and is marked to go to the correct room, we only provide such assistance at your risk and we are not liable for any damage to or loss of the luggage.
12. GENERAL
12.1 Every effort is made to accurately describe matters in our brochures and Website, however we are not responsible and can be held liable for clerical, electronic, printing and/or typographical errors, or errors arising from unforeseen circumstances (including published prices, inclusions and Add-on Items) and we reserve the right not to honour and/or correct any such errors at our absolute and sole discretion.
12.2 Photographs or pictures appearing in any documents made available to you including the Itinerary Brochure or the Website are examples only and provided solely as an indication of facilities or attractions, and the actual facilities or attractions and their state and condition may vary according to the availability.
12.3 You acknowledge and agree that we may take and own photographs and video of guests including you during the Trip, operation of any program or part thereof and use, re-use, publish, and republish their image, identity likeness, name, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which guest(s) may be included for promotional purposes during the Trip and thereafter. If you do not want us to use, use, re-use, publish, and republish those then you must notify us prior to Booking.
12.4 No additions or alterations can be made to the Trip without our express agreement in writing. No person, other than an authorised representative of the Company by a document in writing, is authorised to vary, add or waive anything in these Terms.
12.5 Any additions or alterations to the scheduled itinerary for the Trip which is made by you with our agreement may incur a handling charge, on top of the relevant content charges, details of which will be advised at the time of request.